Legal Opinion

Wheeler v. Wheeler's Estate

Supreme Court of Vermont

Decided February 15, 1874PublishedCited by 7 opinions

Appeal from a decree of the probate court for the district of Windsor, charging the plaintiff, a son of the intestate, with an advancement of $2,000 towards his share of his father’s estate. Trial by jury, May term, 1873, Barrett, J., presiding, and verdict for the plaintiff. The issue raised and tried was, whether the intestate cancelled and annulled said advancement in his lifetime.

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Appeal from a decree of the probate court for the district of Windsor, charging the plaintiff, a son of the intestate, with an advancement of $2,000 towards his share of his father’s estate. Trial by jury, May term, 1873, Barrett, J., presiding, and verdict for the plaintiff. The issue raised and tried was, whether the intestate cancelled and annulled said advancement in his lifetime. The intestate died on April 10, 1870, leaving Mary Wheeler, his widow, and Peter P. and Daniel H., his sons, and Mary Louisa Merrill, wife of Bailey W. Merrill, his daughter. On the 12th of February, 1848, the…

1Opinion of the Court

The opinion of the court was delivered by

Ross, J.

The statute in relation to advancements (Gen. Sts. ch. 56, §§ 12, 13,) declares what shall be evidence of an advancement, and excludes all other evidence. This has become the settled doctrine in this state. Newell v. Newell, 13 Vt. 33; Brown v. Brown, 16 Vt. 197; Heirs of Adams v. Adams, 22 Vt. 51; Weatherhead et al. v. Field, admr. 26 Vt. 665. Hence, with us, the law presumes that property given by an intestate to an heir, is an absolute gift, unless the intention of the intestate to have it charged to said heir as an advancement, is evidenced…

2Cases cited6 opinions

  1. Hatch v. StraightSupreme Court of Connecticut · 1819
  2. of Carpenter v. MooreSupreme Court of Vermont · 1871
  3. Newell v. NewellSupreme Court of Vermont · 1841
  4. Weatherhead v. FieldSupreme Court of Vermont · 1854
  5. Clark v. WarnerSupreme Court of Connecticut · 1827

1 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Conn. River Savings Bank v. AlbeeSupreme Court of Vermont · 1892
  2. Harris v. Harris's EstateSupreme Court of Vermont · 1909
  3. In re Bugbee's WillSupreme Court of Vermont · 1917
  4. Willey v. HunterSupreme Court of Vermont · 1884
  5. French v. WareSupreme Court of Vermont · 1892

2 more not listed; retrieve them via the Exa API.

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